1디자인 1디자인등록출원의 법제 분석과 개선방안에 관한 고찰

Study on Legislation Analysis and the Improvement of One Application Per Design Registration

Article 40 of the Design Protection Act states that (1) An application for design registration shall be filed for each design, (2) Any person desiring to file an application for design registration shall be subject to the classification of articles prescribed by Ordinance of the Ministry of Trade, Industry and Energy and show principle of One Application Per Design Registration. By the way, Design of One Set of Articles and Application for Multiple Design Registration shall be exceptions of this principle of One Application Per Design Registration and the numbers of the articles for Design of One Set of Articles and designs for Application for Multiple Design Registration have been increased more and more in Korean Design Protection Act. But there has almost not been separative study on characteristics and interpretative problems of this system and the Design Examination Guidelines come to need to be studied on concrete interpretation of this system more through Supreme Court Decision 2012Hu3343 decided lately. Therefore, this paper studies on “the classification of articles and the names of articles” as specific requisites for establishment, registration and application procedures, etc. concretely after studying fundamental significance, introduction background and history, etc. of One Application Per Design Registration in detail. And this paper makes mention of the improvement of this system additionally through the criticism of interpretation on “observer” and “the unity of shape” in Supreme Court Decision 2012Hu3343 after it studies legislation analysis on One Application Per Design Registration on this system, in which there has almost not been studied in the past. In conclusion, One Application Per Design Registration is a system for protecting designs which give the unity of shape as one article, but the improvement of this system is coming to rise up because rather the numbers of the articles for Design of One Set of Articles and designs for Application for Multiple Design Registration is increasing and thus there are problems on being discrepant from fast trend of change of design industry now. Therefore, I think it is reasonable that the classification of articles and the names of articles in this system shall be improved about the scope of One Application Per Design Registration.